, 1887-12-07
DISTRICT COURT.
A Number OF Notions For New
Trials Overruled.

The morning session Of the court
was spent in hearing motions, and
finishing up the case Of the Cinnamon
which was given to the jury little
before noon.
When the afternoon session began
the jury were ready to report, aud
brought in verdict OF guilty. MUIR
ray gave notice that the defense
might make IL motion for u new trial
after they had examined the law in
regard to one OF the rulings of the
court. The jurymcn were then dis.
charged until Monday noon.
The court then gave notice that the
remainder Of the session would be de-
voted to hearing motions.
City Attorney Mickle then read II
motion for new trial in the Gather.
inc Scott case, and proceeded to argue
for the granting OF the motion ON the
following grounds; LIST, that the
amount of damages was excessive, as
no proof WAS brought forward to show
that the plaintiff had been unable to
work and earn as much as before she
received the injury. 2 !, that no sufii
cent evidence had been adduced to
show that the injury was permanent.
3rd. that there was no proof that the
injury had been caused by the npgli.
Z, nee Of the city. dth, that when the
giIl WAS injured she was II minor, and
therefore had no right to bring TN ac-
ton for damages in her own name.
The court overruled the motion
without hearing The arguments on the
other side; stating that he thought the
negligence of the city had been fully
established, the only point about which
be thought there WAS any doubt in
regard to the business of the verdict
was the amount Of damages allowed.
He did not care however to cut down
the amount, as IL WAS hardly sufficient
If the injury should prove permanent.
Graves for the plaintiff then asked for
judgment but agreed to let the mat
ter rest till Monday morning when
Mickle agreed to file an arrest OF judg-
ment.
tllcll IIl'NCu Ipl AZ
in the case of Nancy OBrien on the
ground that she had no means to re-
tain counsel or procure witnesses, but
that letters had been sent to relations
of .he defendant who will probably
furnish her with the means needful
for conducting her case. Also that
the evidence Of medical men can be
produced to show that the defendant
was subject to fits OF insanity.
Jones argued that no good reason
was shown for the continuance asked,
that the defendant had ample time To
prepare for trial. The judge allowed
the case to go over to the adjourned
term.
A continuance was then asked in
the case OF A. j. Miner by the defend
ant on the ground that important
witnesses had left town for the Occur
dAlene country and could not be
found i'll time for the trial. Jones re-
piled by stating that the witnesses re-
fered to were snpJened by the prose.
cution and under recognizance to be
be present Mt the trial, but appeared
to have skipped. If there was any
prospect of finding them he was will
ing thatthe case should be continued
but he did not think that there was
any such prospect and so protested
against 1t. The Judge overruled the
motion.
Douglas them moved for new
trial in the Lamb.Whi;tier case on
the ground that some of the witnesses
by the plaintiffs did not
appear. and that new evidence had
been discovered bearing upon the
case. The court overruled the mo-
ton because the failure Of witness as
TO appear was due to the negligence
on the part of the plaintiff, and no
definite statement was made as to
the nature OF the new evidence.
In the case OF Houghton, Graves
& Jones VS.. w. S. Clink, a suit for
conformation, Douglas for the defend
ant moved that the confirmation be
set aside on the ground that the ex-
'cution was void. The motion was
Jverruled
The court then adjourned to 10 a.
N. Monday. The grand jury returned
\ true verdict against Chas. Hoffman
and Ed Bush for burglary. Murray,
heir counsel asked to be allowed till
to plead, and the request
was granted Counsel then asked
he court to fix the amount of bail
which was placed at 81 900 for each
)f the prisoners.